(1) The Minister may, in writing, direct the Commissioner to develop an APP code if the Minister is satisfied that it is in the public interest:

Without limiting subsection (1), a direction under that subsection may:

A direction under subsection (1) is not a legislative instrument.

The Commissioner must develop and register an APP code if the Minister has given the Commissioner a direction under subsection (1) to develop the code.

Despite paragraph 26C(3)(b), the APP code must not cover an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3).

In developing the APP code, the Commissioner may consult any person the Commissioner considers appropriate.

Before registering the APP code under the Commissioner must:section 26H,

(1) The Minister may, in writing, direct the Commissioner to develop an APP code (a temporary APP code) if the Minister is satisfied that:

Without limiting subsection (1), a direction under that subsection may:

A direction under subsection (1) is not a legislative instrument.

The Commissioner must develop and register a temporary APP code if the Minister has given the Commissioner a direction under subsection (1) to develop the code.

However, despite paragraph 26C(3)(b), the temporary APP code must not cover an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3).

In developing the temporary APP code, the Commissioner may consult any person the Commissioner considers appropriate.

The period set out for the temporary APP code for the purposes of paragraph 26C(2)(c) must not be longer than 12 months.

(8) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a temporary APP code that is a registered APP code.

(3) A declaration under this section is a legislative instrument, but Legislation Act 2003 does not apply to the declaration.section 42 (disallowance) of the

(3) A declaration under this section is a legislative instrument, but Legislation Act 2003 does not apply to the declaration.section 42 (disallowance) of the

Without limiting section 80J or 80K, an emergency declaration must specify the following matters:

An entity or class of entities specified for the purposes of paragraph (1)(c):

A permitted purpose specified for the purposes of paragraph (1)(d) must be a purpose that directly relates to the Commonwealth’s response to an emergency or disaster in respect of which an emergency declaration is in force.

Without limiting subsection (3), any of the following may be specified as a permitted purpose in relation to an emergency or disaster:

(5) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, or any other provision of this Act, an emergency declaration may provide differently for:

(1) The amendments of sections 80J, 80K, 80N and 80P, the repeal of sections 80H, 80L and 80M, and the insertion of Privacy Act 1988 made by this Part apply in relation to declarations made on or after the commencement of this item.section 80KA, of the

(2) The amendments of Privacy Act 1988 made by this Part apply in relation to the disclosure of information by a person on or after the commencement of this item, whether the information was first disclosed to that person before or after that commencement.section 80Q of the

(4A) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, an APP code may provide differently for different:

(1) The Commissioner must develop an APP code (the Children’s Online Privacy Code) about online privacy for children.

The other provisions of this Division (including section 26C) apply in relation to the Children’s Online Privacy Code subject to this section.

For the purposes of paragraph 26C(2)(a), the Children’s Online Privacy Code must set out how one or more of the Australian Privacy Principles are to be applied or complied with in relation to the privacy of children.

For the purposes of subsections 26C(3) and (4), the Children’s Online Privacy Code may provide for one or more of the matters mentioned in those subsections in relation to the privacy of children. However, despite paragraph 26C(3)(b), the code must not cover an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3).

Subject to subsection (7), an APP entity is bound by the Children’s Online Privacy Code if:

Paragraph 26C(2)(b) does not apply in relation to the Children’s Online Privacy Code.

Despite subsection (5), an APP entity is not bound by the Children’s Online Privacy Code if the entity is an APP entity, or an APP entity in a class of entities, specified in the code for the purposes of this subsection.

In developing the Children’s Online Privacy Code, the Commissioner may:

Before registering the Children’s Online Privacy Code under the Commissioner must:section 26H,

(10) The Commissioner must develop and register the Children’s Online Privacy Code within the period of 24 months beginning on the day the Privacy and Other Legislation Amendment Act 2024 receives the Royal Assent.

The Commissioner may make written guidelines to assist entities to determine if a service is likely to be accessed by children for the purposes of subparagraph (5)(a)(ii).

The Commissioner may publish any such guidelines on the Commissioner’s website.

Guidelines under subsection (11) are not a legislative instrument.

For the purposes of subclauses 11.1 and 11.2, without limiting those subclauses or any other provision of this Act, such steps include technical and organisational measures.

Before the Governor-General makes regulations for the purposes of Australian Privacy Principle 8.3 prescribing a country or binding scheme, the Minister must be satisfied that:

The regulations may prescribe a country or binding scheme for the purposes of Australian Privacy Principle 8.3 subject to:

This subclause applies in relation to the disclosure of personal information (the relevant personal information) about an individual by an APP entity to an overseas recipient if:

The Minister may, by writing, make a declaration under this subsection if:

Without limiting subsection (1), the declaration must specify the following matters:

An entity or class of entities specified for the purposes of paragraph (2)(c):

A permitted purpose specified for the purposes of paragraph (2)(d) in relation to an eligible data breach must be a purpose that is directly related to preventing or reducing a risk of harm mentioned in paragraph (1)(b) to one or more individuals at risk from the eligible data breach.

Without limiting subsection (4), any of the following things may be specified as a permitted purpose in relation to an eligible data breach, to the extent that it is directly related to preventing or reducing a risk of harm mentioned in paragraph (1)(b):

(6) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, or any other provision of this Act, an eligible data breach declaration may provide differently for:

The declaration may specify a matter mentioned in subsection (2) subject to conditions.

Before the Minister makes a declaration under subsection (1), the Minister may consult with any person or body, including the Commissioner and the Director-General of the Australian Signals Directorate.

(9) Despite subsection 29(1) of the Australian Information Commissioner Act 2010 and any provision of this Act, the Commissioner may disclose information to the Minister for the purposes of consultation under subsection (8).

(10) A declaration under subsection (1) is a legislative instrument, but Legislation Act 2003 does not apply to the declaration.section 42 (disallowance) of the

At any time when an eligible data breach declaration is in force in relation to an eligible data breach, an entity may collect, use or disclose personal information about an individual if:

An entity is not liable to any proceedings for contravening a secrecy provision in respect of a use or disclosure of personal information authorised by subsection (1) unless the secrecy provision is a designated secrecy provision (see subsection (6)).

An entity is not liable to any proceedings for contravening a duty of confidence in respect of a disclosure of personal information authorised by subsection (1).

An entity does not breach an Australian Privacy Principle, a registered APP code that binds the entity or a rule issued under section 17 (rules relating to tax file number information) in respect of a collection, use or disclosure of personal information authorised by subsection (1).

A collection, use or disclose of personal information by an officer or employee of an agency in the course of duty as an officer or employee is authorised by subsection (1) only if the officer or employee is authorised by the agency to collect, use or disclose the personal information.

In this section:

(1) A person (the first person) commits an offence if:

Subsection (1) does not apply to the following disclosures:

If a disclosure of personal information is covered by subsection (2), the disclosure is authorised by this section.

For the purposes of paragraph (2)(g), court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

The operation of this Division is not limited by a secrecy provision of any other Commonwealth law (whether made before or after the commencement of this Act) except to the extent that the secrecy provision expressly excludes the operation of this section.

Nothing in this Division is to be taken to require an entity to collect, use or disclose personal information.

In this section:

In addition to section 26XE, this Division also has effect as provided by this section.

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure by a corporation to which paragraph 51(xx) of the Constitution applies.

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure that occurs in the course of, or in relation to, the carrying on of the business of banking (within the meaning of paragraph 51(xiii) of the Constitution), other than State banking not extending beyond the limits of the State concerned.

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure that occurs in the course of, or in relation to, the carrying on of the business of insurance (within the meaning of paragraph 51(xiv) of the Constitution), other than State insurance not extending beyond the limits of the State concerned.

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure that occurs in the course of, or in relation to, trade or commerce:

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure taking place in a Territory.

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to:

This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure taking place outside Australia.

(10) This Division also has the effect it would have if a reference to a collection, use or disclosure were expressly confined to a collection, use or disclosure by a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) for the purposes of the Commonwealth entity performing its functions or duties or exercising its powers.

If the operation of this Division would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

An entity contravenes this subsection if:

In determining whether an interference with privacy is serious, a court may have regard to any of the following matters:

An entity contravenes this subsection if the entity does an act, or engages in a practice, that is an interference with the privacy of an individual.

Subsection (1) is a civil penalty provision.

The amount of the penalty payable by a person in respect of a contravention of subsection (1) must not exceed 2,000 penalty units.

An entity contravenes this subsection if:

An entity contravenes this subsection if:

Subsections (1) and (2) are civil penalty provisions.

The amount of the penalty payable by a person in respect of a contravention of subsection (1) or (2) must not exceed 200 penalty units.

The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:

(1A) Despite subsection 104(2) of the Regulatory Powers Act, if an infringement notice relates to only one alleged contravention of subsection 13K(1) or (2), or 80UC(4), by a listed corporation (within the meaning of the Corporations Act 2001), the amount to be stated in the notice for the purposes of paragraph 104(1)(f) of the Regulatory Powers Act is 200 penalty units.

(1B) Despite subsection 104(3) of the Regulatory Powers Act, if an infringement notice relates to more than one alleged contravention of subsection 13K(1) or (2), or 80UC(4), by a listed corporation (within the meaning of the Corporations Act 2001), the amount to be stated in the notice for the purposes of paragraph 104(1)(f) of the Regulatory Powers Act is the number of penalty units worked out by multiplying the number of alleged contraventions by 200.

Any of the following persons may give an entity a notice if the person reasonably believes that the entity has contravened subsection 13K(1) or (2) (civil penalty provision for which infringement notices or compliance notices can be issued):

The notice must:

The notice may also require the entity to produce, within a reasonable period specified in the notice, reasonable evidence of compliance with the notice.

An entity contravenes this subsection if:

Subsection (4) is a civil penalty provision.

The amount of the penalty payable by a person in respect of a contravention of subsection (4) must not exceed 200 penalty units.

An entity that complies with a notice given under subsection (1) in relation to a contravention of subsection 13K(1) or (2) is not taken by that compliance:

The Commissioner must not apply for an order under Part 4 of the Regulatory Powers Act in relation to a contravention of subsection 13G(1), 13H(1) or 13K(1) or (2) of this Act constituted by particular conduct engaged in by an entity, if:

A notice must not be given under subsection (1) to an entity in relation to a contravention if:

An infringement notice must not be given to an entity under Part 5 of the Regulatory Powers Act in relation to a contravention of subsection 13K(1) or (2) of this Act if the entity has been given a notice under subsection (1) of this section, in relation to the contravention, that has not been withdrawn or cancelled.

A notice must not be given under subsection (1) to an entity in relation to a contravention if:

An entity that has been given a notice under subsection 80UC(1) may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for a review of the notice on either or both of the following grounds:

At any time after the application has been made, the court may stay the operation of the notice on the terms and conditions that the court considers appropriate.

The court may confirm, cancel or vary the notice after reviewing it.

(1) The amendments of Privacy Act 1988 made by this Part apply in relation to acts done, or practices engaged in, after the commencement of this item.section 13G of the

(2) Sections 13H, 13J, 13K, 80UC and 80UD of the Privacy Act 1988, as inserted by this Part, and the amendments of section 80UB of the Privacy Act 1988 made by this Part, apply in relation to acts done, or practices engaged in, after the commencement of this item.

The Federal Court, or the Federal Circuit and Family Court of Australia (Division 2), may make an order under this section in proceedings if, in the proceedings, the Court has determined, or will determine, under the Regulatory Powers Act that an entity has contravened a civil penalty provision of this Act (other than Part IIIA).

Without limiting subsection (1), examples of orders the Court may make under this section include the following:

The Court may make an order under subsection (1) whether or not the Court is to make, or has made, a civil penalty order under subsection 82(3) of the Regulatory Powers Act against the entity in relation to the contravention.

The Court may exercise the power under subsection (1):

If the Court makes an order that the entity pay an amount to an individual, the individual may recover the amount as a debt due to the individual.

The Minister may, in writing, direct the Commissioner to conduct, or approve the Commissioner conducting, a public inquiry into a specified matter or specified matters relating to privacy.

The direction or approval must specify:

The direction or approval may also specify any one or more of the following:

The Minister may vary a direction or approval.

The Commissioner must conduct a public inquiry in accordance with a direction or approval given under subsection (1).

(6) Subject to any directions given by the Minister in accordance with paragraph (3)(b), the Commissioner may conduct the inquiry in such manner as the Commissioner thinks fit.

To avoid doubt, an inquiry does not constitute an investigation under section 40 nor a preliminary inquiry under section 42.

A direction or approval given under subsection (1) is not a legislative instrument.

After completing a public inquiry, the Commissioner must prepare a written report on the inquiry and give the report to the Minister.

If a direction or approval specifies one or more entities under paragraph 33E(3)(c), the Commissioner must give the entities a copy of the report on the day the Commissioner gives the report to the Minister under subsection (1) of this section.

The report may include findings and recommendations in relation to any matter included in the report.

The report must not:

The Minister must table a copy of the report before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

Unless the Minister otherwise directs, the Commissioner must make the report publicly available.

The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:

Information given in compliance, or purported compliance, with any of the following provisions is subject to monitoring under Part 2 of the Regulatory Powers Act:

The following matters are subject to monitoring under the Regulatory Powers Act:

For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3):

For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3):

For the purposes of Part 2 of the Regulatory Powers Act, any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3).

For the purposes of Part 2 of the Regulatory Powers Act, the Commissioner is the relevant chief executive in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3).

The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3), to a person who is:

A person exercising powers or performing functions under a delegation under subsection (8) must comply with any directions of the relevant chief executive.

For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3):

An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3).

(12) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3), extends to every external Territory.

(13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2), and the matters mentioned in subsection (3), is subject to section 70 of this Act.

A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1):

For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1):

For the purposes of Part 3 of the Regulatory Powers Act, any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).

For the purposes of Part 3 of the Regulatory Powers Act, the Commissioner is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).

The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1) to a person who is:

A person exercising powers or performing functions under a delegation under subsection (6) must comply with any directions of the relevant chief executive.

For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).

(10) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

(11) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), is subject to section 70 of this Act.

In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 80TD(1) of this Act:

(2) If a civil penalty provision that is enforceable by the Commissioner under Competition and Consumer Act 2010 is subject to investigation under Part 3 of the Regulatory Powers Act, the powers under that Part may be exercised in relation to premises only if the premises are occupied by or on behalf of:Division 5 of Part IVD of the

(1) Divisions 1AB and 1AC of Privacy Act 1988, as inserted by this Part, apply in relation to monitoring and investigating matters after the commencement of this Part, whether in relation to acts or practices before or after the commencement of this Part.Part VIB of the

(2) The amendment of subsection 135AB(3) of the National Health Act 1953 made by this Part applies in relation to monitoring and investigating matters after the commencement of this Part, whether in relation to acts or practices before or after the commencement of this Part.

Without limiting subclause 1.3, the APP privacy policy of an APP entity must contain the information covered by subclause 1.8 if:

The information covered by this subclause is:

For the purposes of subclauses 1.7 and 1.8:

This section does not apply to Schedule 2.

This section does not apply to Schedule 2.

This section does not apply to Schedule 2.

This section does not apply to Schedule 2.

This section does not apply to Schedule 2.

Schedule 2 has effect.

In determining the meaning of an expression used in a provision of this Act (other than Schedule 2), an expression used in Schedule 2 is to be disregarded.

In determining the meaning of a provision of this Act (other than Schedule 2), Schedule 2 is to be disregarded.

In addition to clause 4, this Schedule also has effect as provided by this clause.

This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy using a service to which paragraph 51(v) of the Constitution applies.

This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy by or on behalf of a corporation to which paragraph 51(xx) of the Constitution applies.

This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy in a Territory.

This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy in the course of trade or commerce:

This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy in the course of the carrying on of:

This Schedule also has the effect it would have if a reference in this Schedule to an invasion of privacy were expressly confined to an invasion of privacy incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

In this Schedule:

In determining the meaning of an expression used in a provision of this Schedule, an expression used in the rest of this Act is to be disregarded (unless a provision of this Schedule expressly provides otherwise).

In determining the meaning of a provision of this Schedule, the rest of this Act is to be disregarded.

(1) An individual (the plaintiff) has a cause of action in tort against another person (the defendant) if:

The invasion of privacy is actionable without proof of damage.

Without limiting what constitutes a countervailing public interest, any of the following matters of public interest may constitute a countervailing public interest:

Without limiting the matters that the court may consider in determining whether a person in the position of the plaintiff would have had a reasonable expectation of privacy in all of the circumstances, the court may consider the following:

Without limiting the matters that the court may consider in determining whether the invasion of privacy was serious, the court may consider the following:

If the defendant invaded the plaintiff’s privacy by misusing information that relates to the plaintiff, it is immaterial whether the information was true.

It is a defence to the cause of action if:

It is also a defence to the cause of action if:

(3) Each of the following is a related defence for the purposes of this clause:

The court may, at any stage of the proceedings, determine whether an exemption in Part 3 applies in relation to the invasion of privacy.

The court may make the determination on application of a party to the proceedings or on its own motion.

If a party to the proceedings applies for a determination under this clause before the trial for the proceedings commences, the court is to make the determination as soon as practicable, and before the trial commences, unless satisfied that there are special circumstances justifying the postponement of the determination to a later stage of the proceedings (including during the trial).

This clause does not limit any powers that the court has apart from this clause.

The court may, at any stage of the proceedings, grant an injunction restraining the defendant from invading the plaintiff’s privacy.

If the invasion of privacy involves publishing information that relates to the plaintiff, the court must have particular regard to the public interest in the publication of the information when considering whether to grant the injunction.

The court may give judgment for the defendant if the court is satisfied that the plaintiff has no reasonable prospect of successfully prosecuting the proceedings.

This clause does not limit any powers that the court has apart from this clause.

Subject to this clause, the court may award damages to the plaintiff.

The court must not award aggravated damages.

The court may award damages for emotional distress.

The court may award exemplary or punitive damages in exceptional circumstances.

The sum of:

Without limiting the matters that the court may consider in determining the amount of damages, the court may consider the following:

The court may grant such remedies, in addition to or instead of damages awarded in accordance with clause 11, as the court thinks most appropriate in the circumstances.

Without limiting subclause (1), those remedies may include one or more of the following:

The plaintiff must commence proceedings under this Schedule:

However, the plaintiff may apply to the court for an order that, despite subclause (1), the plaintiff may commence proceedings under this Schedule before a day specified in the order.

The court may make the order if the court is satisfied that it was not reasonable in the circumstances for the plaintiff to have commenced proceedings in accordance with subclause (1) in relation to the invasion of privacy.

The day specified in the order must not be later than 6 years after the day on which the invasion of privacy occurred.

This Schedule does not apply to an invasion of privacy by any of the following to the extent that the invasion of privacy involves the collection, preparation for publication or publication of journalistic material:

This Schedule does not apply to an invasion of privacy to the extent that the invasion of privacy involves the publication or distribution of journalistic material that was prepared for publication by a journalist.

(2) A journalist is a person who:

(3) Material is journalistic material if it:

For the purposes of this clause, if a journalist invades an individual’s privacy, it is immaterial whether the invasion of privacy breaches the standards or the code of practice to which the journalist is subject.

This clause applies if:

If an invasion of the individual’s privacy consists of the first publication or the subsequent publication, the invasion of privacy is taken to occur on the day of the first publication for the purposes of this Schedule.

In determining whether the manner of the subsequent publication is materially different from the manner of the first publication, the court may have regard to:

In this clause:

A person (including a personal representative of a deceased person) cannot assert, continue or enforce an action under this Schedule in relation to:

Nothing in this clause prevents the court, if it considers it in the interests of justice to do so, from determining the question of costs for proceedings discontinued because of this clause.

Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to matters arising under this Schedule.

Jurisdiction is conferred on the courts of the Territories in relation to matters arising under this Schedule.

Jurisdiction is conferred under subclause (2):

[Minister’s second reading speech made in—

House of Representatives on 12 September 2024

Senate on 18 November 2024]

(115/24)